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2026 DAILYLAW 3448 (GAU)

MD MANNAN HUSSAIN ALIAS MONNAF HUSSAIN v. THE STATE OF ASSAM AND ANR

Crl.Pet./197/2026 · 2026-02-12

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/2 GAHC010027672026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./197/2026 MD MANNAN HUSSAIN ALIAS MONNAF HUSSAIN S/O MAFAT HUSSAIN @ MOFIL HUSSAIN R/O BANIAPARA, P.S. BILASHIPARA, DIST. DHUBRI, ASSAM, PIN CODE- 783348 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:DHARMA KT. BORAH S.I. OF POLICE DISPUR POLICE STATION S/O LATE MALIRAM BORA DIST. KAMRUP (M) ASSAM PIN CODE-781006. PRESENTLY POSTED AS INSPECTGOR RAILWAY POLICE CHAPARMUKH ASSA Advocate for the Petitioner : MR. A BHATTACHARYA, MS ANKITA SAHARIA,MR S PAUL Advocate for the Respondent : PP, ASSAM, Page No.# 2/2 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 13.02.2026 Heard the learned counsel Mr. A. Bhattacharya appearing for the petitioner as well as Mr. Bhaskar Sharma, the learned Addl. Public Prosecutor, Assam. 2. This is an application under Section 528 of the BNSS, 2023 in respect of Sessions Case No.239/2016 pending in the court of learned Sessions Judge, Kamrup (M) at Guwahati. 3. On a particular date, the petitioner being the accused before the trial court, could not appear in the court because of his illness. But, since he did not submit any medical document in respect of his prayer, his prayer was dismissed and Non-Bailable Warrant of Arrest was directed to be issued against him. 4. The petitioner submits that the case is in the last stage of disposal and he wants to appear and contest the matter. 5. I have considered the submissions of Mr. Bhattacharya. The prayer of the petitioner is allowed. 6. The Non-Bailable Warrant of Arrest issued against the present petitioner, namely- Md. Mannan Hussain @ Monnaf Hussain shall be recalled. 7. The above-named petitioner is directed to appear before the trial court of the learned Sessions Judge, Kamrup (M) at Guwahati on 18.02.2026. He shall be allowed to remain on previous bail. With the aforesaid direction, the present criminal petition is disposed of. JUDGE Comparing Assistant